An ordinance authorizing the acquisition of property by negotiation or
condemnation for roadway stabilization on Bull Run Road approximately 2.5 miles northeast
of State Route 12, Project No. 99-M-1.

Whereas, under Section 2.01(8) of the Metropolitan Charter The Metropolitan Government
of Nashville and Davidson County is charged with the function and has the power to lay
out, open, extend, widen, narrow, establish or change grade of, close, construct, pave,
curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean and light
streets, roads, alleys and walkways of the Metropolitan Government; and,

Whereas, under Section 8.402 of the Metropolitan Charter, the Department of Public
Works of The Metropolitan Government of Nashville and Davidson County, Tennessee is
charged with the responsibility and has the authority for the design, construction,
maintenance, repair and cleaning of roads, highways, streets, alleys, storm sewers, and
other public places, bridges, viaducts and other related structures; and,

Whereas, the Metropolitan Government is given the power by Section 2.01(12), of the
Metropolitan Charter to provide for the taking and appropriation of real property within
the area of the Metropolitan Government for any public purpose, when the public
convenience requires it and in accordance with the provisions of Tennessee Code Annotated,
Sections 29-16-101 et seq. And 29-17-101, et seq., and also the power to purchase real
property for any public purpose; and,

Whereas, it is in the public interest that the Public Works project described in
this ordinance and shown on the plans on file in the Office of the Director of Public
Works be constructed to the extent and in manner shown thereon; and,

Whereas, the funds to defray the cost of Project No. 99-M-1 are available from GSD
Multi Purpose Improvement Bonds of 1990, Fund No. 1-194 MP521.021 (40194/42400900); and

Whereas, the acquisition of the necessary right-of-way and easements may result in some
remnants of property which will need to be declared surplus and disposed in accordance
with regulations of Public Property Administration;

Now, therefore, be it enacted by the Council of the Metropolitan Government of
Nashville and Davidson County, Tennessee, that;

Section 1. The Director of Public Property Administration is hereby authorized to
acquire by negotiation or condemnation the property interest described and shown on the
right-of-way and easement plan on record in the Office of the Director of Public Works,
including any amendments thereof, and designated as Project No. 99-M-1, roadway
stabilization on Bull Run Road approximately 2.5 miles northeast of State Route 12, a
public road of The Metropolitan Government of Nashville and Davidson County, such project
being for a public purpose and the public convenience requiring it. The right-of-way and
easement plan for the roadway stabilization on Bull Run Road approximately 2.5 miles
northeast of State Route 12, project, is made a part hereof the same as though copied
herein.

Section 2. The Director of Public Property Administration is hereby authorized and
directed, if necessary, to take and appropriate by condemnation proceeding those property
interest described on the right-of-way and easement plan of Project No. 99-M-1, roadway
stabilization on Bull Run Road approximately 2.5 miles northeast of State Route 12, as
designated for The Metropolitan Government of Nashville and Davidson County, Tennessee.

Section 3. The Director of Public Property Administration is hereby authorized and
directed to dispose of the remnant properties, including improvements, in accordance with
the approved and accepted procedures of the Public Property Administration. These
properties must be declared surplus by the Public Works Director prior to disposal.

Section 4. Should any court of competent jurisdiction declare any section, clause, or
provision of this ordinance to be unconstitutional, such decision shall affect only such
section, clause or provision so declared unconstitutional, and shall not affect any other
section, clause or provisions of this ordinance, it being the express intent of the
Metropolitan County Council of The Metropolitan Government of Nashville and Davidson
County that the remainder of this ordinance continue in full force and effect.

Section 5. This Ordinance shall take effect from and after its passage, the welfare of
the Metropolitan Government requiring it.